Namadev S/O Pandurang Yadav And Ors vs Shivaraya S/O Honnappa Bugade And Anr
2024 Latest Caselaw 3925 Kant

Karnataka High Court

Namadev S/O Pandurang Yadav And Ors vs Shivaraya S/O Honnappa Bugade And Anr on 8 February, 2024

                                             -1-
                                                   NC: 2024:KHC-K:1387
                                                    MFA No. 202051 of 2023




                             IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                          DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                          BEFORE

                    THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI

                          MISCL. FIRST APPEAL NO.202051/2023 (MV-D)


                   BETWEEN:


                   1.   NAMADEV S/O PANDURANG YADAV,
                        AGE: 53 YEARS, OCC: COOLIE,

                   2.   MADAVI W/O NAMADEV YADAV,
                        AGE: 48 YEARS, OCC: HOUSEHOLD WORK,

                   3.   AKSHAY S/O NAMADEV YADAV,
                        AGE: 27 YEARS, OCC: STUDENT,
Digitally signed
by KHAJAAMEEN           ALL ARE R/O. TAMBOLE,
L MALAGHAN
Location: High
                        TQ. MOHAL, DIST. SOLAPUR,
Court of                (MAHARASHTRA STATE),
Karnataka
                        NOW RESIDING AT: IBRAHIMPUR,
                        VIJAYAPURA-586101.
                                                       ...APPELLANTS
                   (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)


                   AND:


                   1.   SHIVARAYA
                        S/O HONNAPPA BUGADE
                          -2-
                               NC: 2024:KHC-K:1387
                                MFA No. 202051 of 2023




     AGE: 41 YEARS, OCC: AGRICULTURE,
     R/O. SADEPUR, TQ. SOUTH SOLAPUR,
     DIST. SOLAPUR-413001
     (MAHARASHTRA STATE).

2.   THE DIVISIONAL MANAGER,
     THE UNITED INDIA INSURANCE COMPANY LTD.,
     SANGAM BUILDING, 1ST FLOOR,
     S.S. FRONT ROAD,
     VIJAYAPURA-586101.

                                        ...RESPONDENTS

(BY SRI SANJAY M. JOSHI, ADV. FOR R2;
 V/O DATE 30.06.2023 NOTICE TO R1 DISPENSED WITH)


      THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO CALL FOR THE RECORDS AND TO
MODIFY THE JUDGMENT AND AWARD DATED 08.11.2022
PASSED IN MVC NO.1519/2019 ON THE FILE OF THE
COURT OF THE II ADDL. SENIOR CIVIL JUDGE AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VII,
VIJAYAPURA, AT VIJAYAPURA AND ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION AMOUNT.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
                             -3-
                                  NC: 2024:KHC-K:1387
                                   MFA No. 202051 of 2023




                         ORDER

Learned counsel for the appellants has filed a memo

for dismissal of the appeal as withdrawn.

2. The memo is taken on record.

3. Appeal is dismissed as withdrawn.

Sd/-

JUDGE

SBS